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There is No “Tit for Tat” Defense to a Discovery Request
Michael D. Berman examines Middien v. Gillgan, where the court rejected a “tit-for-tat” approach to discovery, explaining that one party’s alleged discovery failures do not excuse another party’s noncompliance. Berman connects the ruling to decisions...
When Clients Ask About Quantum, Will Their Lawyers Be Ready?
Ralph Losey envisions Quantum Ready practice groups, with multidisciplinary participants, ready to ask the right questions when their clients call with quantum related concerns.
ESI Protocol Held Not to Apply to Non-Party
Michael D. Berman reviews Burge v. Teva Pharmaceuticals Industries, Ltd., where the court found that the parties’ ESI Protocol did not apply to non-party Goodwin and ordered in camera review of redacted emails.
EDRM published its new map and the reasoning behind what it kept
ComplexDiscovery analyzes the final EDRM 2.0 model and the reasoning behind it, examining four structural shifts, trustee responses to public comments, and the practical implications for eDiscovery, information governance, security, and legal operations professionals.
Use of an A.I. Recorder in Depositions? In a “Meet and Confer”?
In Greco v. Hon. Robert W. Lane, a Nevada federal court found no procedural defect in a request to use an AI voice recorder as a secondary deposition record, while leaving substantive concerns for another...
Working with clients to collect ediscovery data: 4 strategic tips
Client collection is as much a communication challenge as a technical one. Elizabeth Guthrie of Nextpoint shares four practical strategies for setting expectations, identifying data sources, managing self-collection, and addressing privacy and security concerns.
Phil Favro Discusses Deepfakes and Authentication
Michael Berman examines Phil Favro’s analysis of U.S. v. Belt and the growing challenges surrounding deepfake evidence authentication. The article highlights video provenance, native-file preservation, chain of custody, forensic examination, and established authentication methods for...
Keyword Search Isn’t Dead. Searching With Keywords Alone Should Be.
Keyword search remains indispensable, but it is no longer sufficient. John Tredennick and Dr. William Webber explain how keyword search, semantic search, and continuous active learning can work together to uncover evidence that any one...
The Case of the Missing Lab Notebooks
In Terran Biosciences, Inc. v. Compass Pathfinder Limited, defendants sought sanctions over missing physical lab notebooks in a trade secrets dispute. The court found sanctions unwarranted because defendants failed to establish that the notebooks were...
EDRM Releases EDRM 2.0, Modernizing the Global Framework for Electronic Discovery
EDRM has released EDRM 2.0, the first substantive update to the Electronic Discovery Reference Model in years. Developed by approximately 150 global practitioners, the new model integrates information governance, unified data acquisition, disposition and continuous...
A Brief Writing Lesson from the Court of Federal Claims
The Court of Federal Claims offered a pointed writing lesson in Scale AI, Inc. v. U.S.: the strongest briefs exercise restraint, focusing on the arguments most likely to prevail rather than taking a “scattershot” approach...
Weekly Letter to Our EDRM Global Community – 01 September 2026
This week’s EDRM community letter features recent blog posts, upcoming webinars, notable podcasts, and key announcements. Stay engaged with the EDRM community for the latest insights and support.